Business Services

Real Estate

Our team of Real Estate, Land Use and Construction attorneys offers comprehensive representation to real estate developers, commercial and institutional owners, and a myriad of established and growing businesses to provide solutions for property investment, development and management, as well as finance.

Through the use of an integrated approach, we offer our clients the in-depth understanding and insight into peripheral matters that may affect their real estate transactions.

We provide the type of in-depth skills required by developers working on sophisticated retail or commercial projects, as well as guide companies through real estate development, asset management and general real estate transactions. Our attorneys act as advocates for clients before state and federal courts and represent their interests before administrative agencies and city governments. In addition, we advise clients of alternative strategies for expanding, renovating or disposing of existing real estate holdings. Regardless of the matter, we strive to contribute value in connection with our clients' real estate assets.                                                 

Our local, regional and national clients include public and private companies; REITs; financial institutions; investment funds; architects, engineers and contractors; homebuilders; landlords and tenants; developers (shopping center, mixed use, housing, office, industrial, residential, community, and multi-family); hospitals; airports; marinas; retailers; universities; homeowner cooperative and condominium associations; buyers and sellers; brokers; public sector and governmental entities; and utility companies. 

Roetzel's Real Estate Group has been recognized by Midwest Real Estate News as one of the "Best of the Best" law firms for nearly two decades. Many of our attorneys are nationally recognized as "Best Lawyers in America" in Real Estate Law, are board certified in Real Estate Law by the Florida Bar and are active leaders in local industry and related civic associations. Our attorneys offer additional insight with experience as law directors, city attorneys and assistant county attorneys representing developers and local governments on growth management issues, regulatory issues and property valuation challenges. We have served as general counsel to a large building industry association and as national real estate counsel for national retailers. In addition, a number of our attorneys are agents for several title insurance companies, and the firm has been consistently recognized as one of the "Top 25" agents for one of the largest title underwriters in the State of Florida.

Many of our attorneys have legal experience in the area of sustainable development and green construction and development.

Because real estate is often an integral component of other commercial and financial transactions, we regularly draw upon the capabilities of our Environmental, Oil & Gas, Public Law and Finance, Business Services, Tax, and Intellectual Property practice groups. Through this integrated approach, we offer our clients the in-depth understanding and insight into peripheral matters that may affect their real estate transactions.

Our Experience

  • Performed the syndication, acquisition, financing, and construction of a $40 million, 482-unit garden and townhouse apartment development
  • National Real Estate Counsel to a Fortune 500 company in the leasing, acquisition and disposition of various real estate assets
  • Acted as counsel for a national automobile manufacturer for subdivision and zoning issues on an approximately 22-acre parcel for the development of multiple dealerships
  • Represented an owner/end-user in the development of a 140,000-square foot distribution facility, including acquisition process and design/build agreement
  • Served as lead counsel for a commercial office development that is the first project to achieve LEED Platinum pre-certification in Florida
  • Counseled a major hospital in the joint venture and self-development of a health and wellness center
  • Acted as counsel for the purchaser in the acquisition of a railroad line with major environmental issues and negotiated property and joint facility operation agreements
  • Represented a developer in connection with lifestyle shopping centers in Pennsylvania, New Jersey and New York including purchase and/or land lease, construction contracts, financing (construction and permanent) and leasing
  • Represented a developer with issues unique to green and sustainable development that arose during site location and acquisition, construction, financing and leasing
  • Represented developer in 1031 reverse build-to-suit exchange; representation included sale of relinquished property, identification and purchase of replacement property and negotiating construction loan. Successfully represented developer in completing build-to-suit replacement property within statutory mandated time frame and maximized benefits of 1031 exchange
  • Counseled major hospitals in multiple medical office building developments and/or dispositions
  • Represented an institution of higher education in connection with its $40 million building expansion project, including preparing and negotiating the development agreement, documenting a land-swap transaction and obtaining and granting Federal Historic Tax Credits, Facade Easements and Lost Development Rights Deductions/Conservation Easements
  • Acted as the zoning and land use counsel for a developer of a multi-million dollar Planned Unit Development
  • Acted as counsel for a developer in obtaining approvals for the largest new development in the Naples, Florida area - a 2,500+ acre mixed use Development of Regional Impact with 3,450 homes, golf courses, and 200,000 - square feet of commercial uses
  • Acted as purchaser's counsel in the syndication, acquisition, and financing of a $65 million, 485,000 - square foot, 27 - story office building
  • Acted as counsel in the acquisition, development, leasing, construction, zoning, and permanent loan work of several grocery-anchored retailer shopping centers, each ranging from $5 million to $10 million
  • Represented a national auto parts store in the expansion of the entity from 70 to 260 stores across the country
  • Acted as counsel to a developer in the acquisition and creation of condominiums and marina slip documents, submerged land lease, and related development work for a 60-unit waterfront condominium
  • Obtained approval from the Division of Florida Land Sales for numerous hotel condominium and multi-family projects throughout the state
  • Represented numerous country clubs in all facets of the turnover from developer to member control
  • Represented a developer in the development and lease of a national retail bookstore
  • Acted as purchaser's counsel in the acquisition of a $55 million mixed use development and the simultaneous sales of building sites for 1,000 apartments, 770,000 square feet of industrial space and 30,000 square feet of office and 125,000 square feet of retail
  • Acted as developer's counsel in closings of Community Development District bond financings and acquisition of conservation areas and storm water facilities
  • Acted as counsel for formation of joint ventures between national builders
  • Represented a national banking association in the multi-state acquisition and leasing of bank branch offices
  • Represented investors for the sales and purchases, financing and leasing of office buildings in Ohio
  • Represented sellers and purchasers with respect to tax free (Section 1031) exchanges
  • Represented a developer for a land lease and a development agreement for the construction and financing of a medical office building in Ohio
  • Represented a developer for the purchase, development and financing for apartment rental and condominium projects in Central Ohio
  • Reduced property valuation for tax purposes on a marina from $26 million to $13 million
  • Represented a developer in the complete redevelopment of a marina including landslide facilities and permitting for redesign of wet slips to include financing, permitting and construction
  • Represented a major resort in the redevelopment of 134 units and related resort amenities
  • Represented a fixed-based operator (FBO) at one of the busiest executive airports in South Florida in the sale of its operations to one of the largest operators of FBO facilities worldwide, with signification tax and government law issues involved; transaction was a hybrid real estate/corporate transaction combining the sale of operating assets with a sublease of the operating facilities from the seller to the buyer, while retaining the rights to develop two commercial outparcels pursuant to the original lease held from the airport authority
  • Represented the largest owner of telecommunications towers in the U.S. in leasing, subleasing, acquisition and disposition of cell tower sites
  • Represented residential property owners in leasing residential property sites for telecommunications towers
  • Represented office property owners in leasing roof and building space for telecommunications antennas
  • Acted as the buyer's counsel for the purchase of a manufacturing facility, which involved coordinating and interpreting an assessment for numerous environmental issues at the site

What We Do

Entity Formation

  • Condominium and homeowners' associations
  • Entity selection - LLCs, limited partnerships, real estate trusts
  • Joint venture relationships and equity investments
  • REITs

Acquisition and Disposition

  • Brokerage agreements
  • Easements and rights of way
  • Environmental due diligence and wetland permitting
  • Like-kind exchanges
  • Oil and gas leasing
  • Pre-acquisition due diligence and pre-disposition preparation
  • Purchase agreements and options
  • Tax structuring
  • Title insurance and closing services
  • Sale - leasebacks
  • Ground leasing

Financing and Capital Formation

  • Commercial mortgage lending
  • HUD
  • Loan documentation and closing
  • Seller finance
  • Syndications
  • Other structured financings
  • Mezzanine lending
  • Participations
  • CMBS

Development and Construction

  • Comprehensive plan amendments
  • Construction contracting
  • Developments of regional impact
  • Development agreements and public/private partnerships
  • Land use and zoning
  • Subdivisions and platting
  • Filings with the Division of Florida Land Sales
  • Restrictive covenants


  • Brokerage agreements
  • Commercial leasing
  • Management agreements
  • Real estate tax and assessment matters
  • Transitions from developer to owner association control


  • General real estate litigation
  • Commercial lease disputes
  • Construction claim arbitration, mediation, and litigation
  • Covenant enforcement for condominium, cooperative, and homeowners' associations
  • Eminent domain and condemnation proceedings
  • Evictions and landlord-tenant disputes
  • Foreclosures
  • Construction lien matters
  • Mold and environmental-related matters
  • Zoning and growth management

Related Media & Events

  1. Alerts
    Criminal Penalties in Florida for Failing to Provide Affidavit about Foreign Entities at Closing - Jul 24, 2023
    Ohio S.B. 61 Adds Protections for Solar Panels on Condominium and Planned Community Homes - Aug 18, 2022
    Court Rejects Use of Eminent Domain for Recreational Trail - Apr 21, 2022
    U.S. Supreme Court Expands Definition of What Constitutes a Physical Taking - Apr 14, 2022
    What is a ‘Quick Take’ in Eminent Domain Law? - Oct 13, 2021
    Can I Challenge the Authority of a Condemning Party in Ohio? - Oct 5, 2021
    What Do I Need to Know About Eminent Domain Compensation? - Sep 24, 2021
    Public Use vs. Necessity | The Two Pillars of Eminent Domain - Aug 27, 2021
    What Are My Constitutional Rights for Eminent Domain Appeals in Ohio? - Aug 20, 2021
    Can I Appeal My Eminent Domain Case in Ohio? - Aug 12, 2021
    New Liability Protection for Purchasers of Contaminated Properties in Ohio - Oct 23, 2020
    Federal Court Excludes Evidence of Stigma Damages in Eminent Domain Case Involving Gas Pipeline - May 13, 2020
    Reopening Your Community: Frequently Asked Questions - Apr 30, 2020
    Possible Leniency for Commercial Tenants and Real Estate Borrowers in Ohio - Apr 2, 2020
    Ohio Eminent Domain: Appellate Court Gives Condemning Authorities Green Light to Appraisal Shop in order to “Low Ball” Pre-Suit Offer - Mar 5, 2020
    Roetzel & Andress: 2019 Appellate Year in Review - Jan 27, 2020
    After Knick, A Property Owner Can Remove an Eminent Domain Case to Federal Court, Right? Not so Fast! - Jan 6, 2020
    Now is the Time to Invest in Toledo - Oct 2, 2019
    Ohio Property Owners: Deadline for Appeal of Property Taxes is Fast Approaching - Mar 8, 2019
    Federal Government to Crack Down on States' Legal Marijuana Businesses - Jan 5, 2018
    Can Your Business Fly Under the Radar? - Oct 16, 2017
    Hurricane Irma - Sep 27, 2017
    House Passes Small Business Healthcare Relief Act (HR 5447) - Jun 24, 2016
    FAA Issues Long-Anticipated Commercial Drone Rules & Eliminates the Section 333 Exemption Process - Jun 22, 2016
    Ohio Legislature Passes Over 30 Bills in 48 Hours - Jun 9, 2016
    Ohio Supreme Court Rules on Beck Energy Lease Validity Cases - Jan 22, 2016
    2015 Community Association Legislation - Jun 24, 2015
    Important Information Regarding Depositing Checks - Aug 18, 2014
    Summary of 2014 Legislative Action Affecting Community Associations Practitioners - Jul 17, 2014
    2013 Statutory Revisions to Condominium, Homeowners' Association and Cooperative Acts - Jul 1, 2013
    Florida Legislature Moves to Expedite Foreclosure Process in HB 87 - Jun 20, 2013
  2. Articles
    Supreme Court of Ohio Takes Up Oil and Gas Statute of Limitations Question - April 2019 - Ohio Gas & Oil
    Ohio Appellate Court Limits the MTA and the DMA in Mineral Rights Dispute - March 2019 - Ohio Gas & Oil
    Ohio Supreme Court Interprets the MTA to Preserve a Severed Mineral Interest - February 2019 - Ohio Gas & Oil
    "Reasonable Expectations: What can your city attorney do for you?" - Nov/Dec 2018 - Quality Cities
    Ohio Court Refuses to Apply Statute of Limitations in Lease Validity Dispute - November 2018 - Ohio Gas & Oil
    Ohio Court Issues Favorable Landowner Ruling in Important Unitization Case - October 2018 - Ohio Gas & Oil
    Statute of Limitations in Lack of Production - Mar 1, 2018
    Stream & Wetland Permitting - A Moving Target - Feb 1, 2017
    Commercial Real Estate Transactions - The Mortgage Lender's Perspective - 2017 - Illinois Institute for Continuing Legal Education
    School district's eminent domain plan may hinge on "necessity" definition - Aug 5, 2016 - CBA Today
    The Condominium Construction Finance - 2016 - Illinois Institute for Continuing Legal Education
    Creating the Fee Simple Condominium - 2016 - Florida Condominium and Community Association Law, 3rd Edition
    Avoiding Common Property Ownership Issues - 2016 - Properties Magazine
    Top 12 Legal Tips - 2015 - LinkedIn Pulse
    Do Your Due Diligence - 2014 - Properties Magazine
    Asset Protection Opportunity for Physicians - 2013 - MD News Magazine
    Asset Protection for Developers/Builders - July 2013 - Properties Magazine
    Outpatient Care Invades Our Neighborhoods - Jun 1, 2013 - Midwest Real Estate News
    Managing Commercial Real Estate Leases - May 2013 - Practical Law
    Eight Years and Acres Later: Single Asset Real Estate Cases After BAPCPA - 2013 - 39th Annual SBLI Seminar, Southeastern Bankruptcy Law Institute
    Attorney's Fees - A Warning to Landlords - NULL - Properties Magazine
    Creating the Fee Simple Condominium - 2011 - Florida Condominium and Community Association Law, 2nd Edition
    Subleasing 101 - NULL - Properties Magazine
    Get It In Writing - A Primer on Real Estate Contracts - NULL - Properties Magazine
    Tenants in Common Agreements - The Pros & Cons - NULL - Properties Magazine
    Buyer Beware - Justifiable Reliance in Commercial Contracts - NULL - Properties Magazine
    Buyer Beware - Changes in Ohio's Foreclosure Law - NULL - Properties Magazine
    Working With Your Lawyer - NULL - Properties Magazine
    Representations & Warranties: Be Careful What You Say - NULL - Properties Magazine
    Transfer on Death Deeds - Preparers Beware - NULL - Properties Magazine
    The Mortgage Forgiveness Debt Relief Act of 2007 - Boom or Bust - NULL - Properties Magazine
    Death of Toxic Mold Cases? An Overview of Recent Developments in Toxic Mold Real Estate Litigation - NULL - Properties Magazine
    A Tax Break for Seniors - Changes to Ohio's Homestead Exemption - NULL - Properties Magazine
    Contractors Beware - Clarification on Enforcement of "No Damage for Delay" Clauses - NULL - Properties Magazine
    To Arbitrate or Not to Arbitrate? - That is the Question - NULL - Properties Magazine
    Putting the Red Light on Red Light District Businesses? - NULL - Properties Magazine
    The ABCs of Seller Financing - Aug 1, 2006
    Neighbor Beware - A Primer on Adverse Possession - NULL - Properties Magazine
    Obtaining Permission - March/April 2005
    New Escrow Rules for Builders and Developers - 1996 - Journal of Florida Bar Real Property Section
    What the Government Taketh…and Giveth - Jan 1, 1998 - Home and Condo
  3. Podcasts
    Roetzel HealthLaw HotSpot: Healthcare Practice Lease Negotiations: Avoid Missing Out on Potential Opportunities - Jan 18, 2024
    Roetzel HealthLaw HotSpot: Effective Lease Negotiations for Healthcare Practices - Oct 27, 2022
    Roetzel HealthLaw HotSpot: Lease Negotiations: What to Know Before Signing on the Dotted Line - Aug 4, 2022
    Roetzel HealthLaw HotSpot: Lease Negotiations: Why Healthcare Practices Should Use Real Estate Brokers - Dec 23, 2021
    Roetzel HealthLaw HotSpot: Conflicts Between Essential Businesses and Their Landlords - What’s a Medical Practice to Do? - Mar 24, 2020
  4. Firm News
    Roetzel Adds Depth in Medical Defense & Real Estate Groups - Apr 23, 2024
    Roetzel & Andress Announces Emily Anglewicz as Shareholder-in-Charge of Associates - Feb 26, 2024
    Roetzel & Andress Welcomes Attorney Brett Bleier to its Naples Office - Feb 2, 2024
    Roetzel Grows in Chicago with Additions of Reniva & Lee - Dec 8, 2023
    Roetzel & Andress Welcomes Three Associates to the Firm - Nov 15, 2023
    Roetzel Earns National and Regional Rankings in 2024 Best Law Firms® - Nov 2, 2023
    Roetzel & Andress Attorney Lauren Zidones Honored with Laura Allio Emerging Leader Award by Women's Network Leadership Institute - Oct 20, 2023
    Eight Roetzel Attorneys Recognized as “Top Lawyer” by Naples Illustrated - Sep 1, 2023
    15 Roetzel Attorneys Named Best Lawyers: Ones to Watch - Aug 17, 2023
    Roetzel & Andress Earns Recognition in 2024 Best Lawyers - Aug 17, 2023
    Attorneys Islam & Makar Join Roetzel’s Naples Office - Jun 27, 2023
    Eight Roetzel Attorneys Named 2023 Florida Super Lawyers and Rising Stars - Jun 26, 2023
    Roetzel Moves Chicago Office; Provides Enhanced Location and Client Service Offerings - Jun 12, 2023
    Roetzel & Andress Appoints Five Attorneys to Key Leadership Roles - May 9, 2023
    Nine Associates Join Roetzel & Andress - Nov 17, 2022
    Roetzel & Andress Named to 2023 “Best Law Firms” List - Nov 3, 2022
    20 Roetzel Attorneys Recognized as “Top Lawyer” by Naples Illustrated - Sep 1, 2022
    Roetzel Attorneys Recognized in 2023 Edition of The Best Lawyers in America® - Aug 18, 2022
    Nine Roetzel Attorneys Named “Lawyer of the Year” by Best Lawyers® 2023 - Aug 18, 2022
    Roetzel’s Lauren Zidones Named a 30 For The Future Award Recipient - Aug 10, 2022
    Roetzel Attorneys Named 2022 Florida Super Lawyers and 2022 Rising Stars - Jun 24, 2022
    Two Roetzel Attorneys Honored as “20 in their Twenties” Class of 2022 by Crain’s Cleveland Business - Jun 6, 2022
    Roetzel & Andress Adds Three Associate Attorneys - Mar 3, 2022
    Emily Anglewicz Sworn in as Magistrate for Mayor’s Court of Cuyahoga Falls - Jan 20, 2022
    Twenty-Seven Roetzel Attorneys Selected to 2022 Ohio Super Lawyers and Rising Stars List - Dec 30, 2021
    Roetzel Adds Five Associates to the Firm - Nov 9, 2021
    Roetzel & Andress Named to 2022 “Best Law Firms” List - Nov 4, 2021
    74 Roetzel Attorneys Named 2022 Best Lawyers in America®; 18 Recognized as Best Lawyers: Ones to Watch - Aug 19, 2021
    Roetzel Adds Two Attorneys in Akron & Cleveland - Jul 22, 2021
    Nine Roetzel & Andress Attorneys Recognized in 2021 Florida Super Lawyers - Jun 24, 2021
    Roetzel’s Ashley Lupo Awarded Collier County Bar Foundation Annual Service Award - Apr 30, 2021
    Eight Roetzel Attorneys Promoted to Shareholder in 2021 - Jan 1, 2021
    Thirty Roetzel Attorneys Selected to 2021 Ohio Super Lawyers and Rising Stars List - Dec 8, 2020
    Roetzel & Andress Ranked Among “Best Law Firms” by U.S. News – Best Lawyers® - Nov 5, 2020
    Seven Roetzel Attorneys Named Among Naples Illustrated 2020 Top Lawyers - Sep 1, 2020
    Roetzel’s Michelle Reese Named a 30 for the Future Award Recipient - Aug 24, 2020
    Eleven Roetzel & Andress Attorneys Selected to Best Lawyers: Ones to Watch - Aug 20, 2020
    Seventy Roetzel Attorneys Named to 2021 The Best Lawyers in America© List; Ten Named “Lawyer of the Year” - Aug 20, 2020
    Eleven Roetzel Attorneys Named 2020 Florida Super Lawyers or Rising Stars - Jun 4, 2020
    Roetzel & Andress Announces New Office Location; Adds Three Shareholders - May 13, 2020
    Roetzel & Andress Names Four New Shareholders - Jan 1, 2020
    Roetzel & Andress Ranked Among Nation’s 2020 “Best Law Firms” by U.S. News — Best Lawyers® - Nov 1, 2019
    Eleven Roetzel Attorneys Named Among Naples Illustrated 2019 Top Lawyers - Sep 25, 2019
    Roetzel Announces Attorneys Named Among 2019 Florida Super Lawyers and Rising Stars - Jun 6, 2019
    Roetzel Adds Seven Attorneys in Ohio and Florida - Apr 11, 2019
    Roetzel & Andress Named 2018 Top Contributor Firm by The Fund - Mar 18, 2019
    David Woodburn Quoted on - Jan 12, 2019
    Roetzel Promotes Three Associates to Shareholder - Dec 10, 2018
    Giordano and Lupo Join Roetzel & Andress Board of Directors - Dec 7, 2018
    Roetzel Attorney Lori Moore Recertified in Real Estate Law by Florida Bar - Dec 3, 2018
    Roetzel & Andress Ranked in 2019 Edition of "Best Law Firms" List - Nov 1, 2018
    Seven Roetzel Attorneys Named "Lawyer of the Year" by Best Lawyers® - Aug 20, 2018
    Roetzel Attorney Sean M. Ellis Assumes Role as President of the Southwest Florida Real Estate Council - Aug 16, 2018
    Sarah Spector to Co-Chair Lee County Bar Association's Land Use and Governmental Law Section - Aug 9, 2018
    Roetzel Attorneys Spector and Lupo Earn Florida Bar Board Certifications - Jun 11, 2018
    Sarah Spector Assumes Role as President of the South Gulf Coast Chapter of CAI - Dec 20, 2017
    Roetzel & Andress Ranked in 2018 "Best Law Firms" List - Nov 2, 2017
    Roetzel Opens New Columbus Office Custom-Built for Next Generation - Jun 19, 2017
    Roetzel Partner Beverly Grady Gives Ethics Presentation at Florida Planning and Zoning Association's 2017 Annual State Conference - Jun 19, 2017
    Roetzel & Andress Ranked in 2017 "Best Law Firms" - Nov 1, 2016
    Daniel G. Rohletter Joins Roetzel's Real Estate Practice Group - Oct 19, 2016
    Roetzel's Akron Office Adds 11 Attorneys - Jan 13, 2016
    Lori L. Moore Assumes Role as President of CREW Naples / Fort Myers - Dec 11, 2015
    Roetzel Attorneys Help Bring New Life to Akron Building - Dec 3, 2015
    Affordable Housing in Cleveland Stays Affordable - and Roetzel Attorneys Assisted in the Transaction - Dec 3, 2015
    Roetzel & Andress Ranked in 2016 "Best Law Firms" - Nov 2, 2015
    Roetzel & Andress Marks Eleventh Consecutive Appearance on List of Midwest's Top Real Estate Law Firms - Aug 4, 2015
    Reuscher and Moore Named as New Leaders of Firm's Associate Program - Jul 31, 2015
    Roetzel & Andress Named Top Contributor in Southwest Florida by Attorneys' Title Fund Services LLC - Jul 6, 2015
    Roetzel & Andress Ranked in 2015 "Best Law Firms" - Nov 3, 2014
    Roetzel Partner Sean M. Ellis Set to Speak at United Community Association Networking Event - Aug 25, 2014
    Roetzel Named Among Top Law Firms in Real Estate - Jul 14, 2014
    Roetzel Partner Sean M. Ellis Elected President of the Real Estate Investment Society - Feb 7, 2014
    Roetzel Ranked Among Best Law Firms by U.S. News & World Report - Nov 5, 2013
    Roetzel Attorney Lori L. Moore Earns Bar Certification in Real Estate Law - Aug 1, 2013
    Roetzel Named Among Top Law Firms in Real Estate - Jul 12, 2013